Truck Driver Tailgating?,...in the "Nanny State"..Yeah right.

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Originally Posted by CraigE

The below quote is direct from the WA Police website, but only for freeways (which are generally 100kmph), where the confusion comes into play. People think it is the same on all roads but apparently not. I have had several WA police tell me this applies on all roads.
Is there a minimum speed limit?

Traffic Road Rules Offences Hazard
Yes. If you are travelling on a Freeway you must travel no slower than 20km/hr below the speed limit unless there is traffic congestion or road conditions dictate.

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Ah. Rule 12.

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12. Minimum speeds on freeways
In a freeway speed zone, a person shall not drive a vehicle at a speed that is more than 20 km/h below the speed limit unless —
(a) traffic congestion prevents the person from driving the vehicle at a speed that is within 21 km/h of the speed limit; or
(b) for any other reason, it is unsafe or imprudent for the person to drive the vehicle at a speed that is within 21 km/h of the speed limit.
Modified penalty: 1 PU

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Looks as if I won't be visiting WA.

Oh, it's a local rule. Not in the national rules. Maybe it should be. That'd get the trucks off our roads for sure. I often sit behind trucks maxing out at 60km/h in a 110km/h zone up hills.

Well that is something I didn't know [thumbsupbig]

I have heard of this rule before via this website but only applies in WA. If it is on the police website but not in the legislation then probably does not apply - probably is the unreasonably hindering traffic law that does apply everywhere (driving real slow but not slow) and that 20kph thing is the police interpretation of that law.

However if it true how are many older vehicles allowed on 110kph zoned roads in WA. Versions of my Haflinger can only cruise at 50kph and mine will do 70kph - so by that law I cannot drive on 90/100 and 110kph roads - what nonsense.

Edit - just read Micks post - so I cannot drive my Haflinger on freeways in WA. Silly WA [wink11]

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Originally Posted by trout1105

I have also never heard of this rule, As far as I am aware the only time you can get charged regarding speed limits is if you exceed them.

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There is this one:

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125 Unreasonably obstructing drivers or pedestrians
(1) A driver must not unreasonably obstruct the path of another driver or a pedestrian.
Penalty: 2 penalty units.
Note
Driver includes a person in control of a vehicle—see the definition of drive in the dictionary.
(2) For this rule, a driver does not unreasonably obstruct the path of another driver or a pedestrian only because—
(a) the driver is stopped in traffic; or
(b) the driver is driving more slowly than other vehicles (unless the driver is driving abnormally slow in the circumstances).
Example of a driver driving abnormally slow
A driver driving at a speed of 20 kilometres per hour on a length of road to which a speed-limit of 80 kilometres per hour applies when there is no reason for the driver to drive at that speed on the length of road.

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So, for Tombie to be charged for unreasonably obstructing drivers at 120km/h, the speed limit on that length of road must have been 480km/h or more.

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Originally Posted by garrycol

I have heard of this rule before via this website but only applies in WA. If it is on the police website but not in the legislation then probably does not apply - probably is the unreasonably hindering traffic law that does apply everywhere (driving real slow but not slow) and that 20kph thing is the police interpretation of that law.

However if it true how are many older vehicles allowed on 110kph zoned roads in WA. Versions of my Haflinger can only cruise at 50kph and mine will do 70kph - so by that law I cannot drive on 90/100 and 110kph roads - what nonsense.

Edit - just read Micks post - so I cannot drive my Haflinger on freeways in WA. Silly WA [wink11]

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You're right. What nonsense.
WA have a number of silly rules.

141 No overtaking etc. to the left of a vehicle
(1) A driver (except the rider of a bicycle) must not overtake a vehicle to the left of the vehicle unless—
(a) the driver is driving on a multi-lane road and the vehicle can be safely overtaken in a marked lane to the left of the vehicle; or
(b) the vehicle is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal; or
(c) the vehicle is stationary and it is safe to overtake to the left of the vehicle.


It may be legal in those circumstances, but I still wonder if it is advisable.

The phrase can be safely overtaken in point(a) and it is safe to overtake in point (c) are a bit of a worry.

It seems to me that that could be interpreted as, "If all goes well, then it was legal. However, if it all goes pear shaped (maybe because the other driver suddenly decided to move left) then it was illegal because it didn't turn out to be safe".

I know there is another law about changing lanes safely but it also seems to me that some drivers would be less likely to notice in their mirrors that a vehicle was passing on the left.

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Originally Posted by Mick_Marsh

You're right. What nonsense.
WA have a number of silly rules.

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If using the Freeway you abide by the speed requirements 100Kmh & no less than 80kmh , but thats only on a good day most times it is 100k long car park .
If you cant do 80Kmh you can use alternative roads .

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Originally Posted by Fatso

If using the Freeway you abide by the speed requirements 100Kmh & no less than 80kmh , but thats only on a good day most times it is 100k long car park .
If you cant do 80Kmh you can use alternative roads .

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Especially the section Northbound from Thomas Road to Roe Hwy. More about people not being able to merge properly than anything else.

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Originally Posted by Fatso

If you cant do 80Kmh you can use alternative roads .

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And if there are no viable alternatives - like Sydney to Central Coast and Canberra to Sydney - yes there are other roads but big distances.

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Originally Posted by garrycol

And if there are no viable alternatives - like Sydney to Central Coast and Canberra to Sydney - yes there are other roads but big distances.

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No probs in Perth if you dont want to use the Freeway .